La extensión de jurisprudencia como mecanismo para el reconocimiento del valor jurídico del precedente administrativo en Colombia
The purpose of this paper is to demonstrate how, through the Case Law Extension mechanism, provided for in Law 1437 of 2011, the discussion about the binding nature of the Administrative Precedent in Colombia can be resolved, in the sense of granting it legal value, based on the recognition of the E...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6857122 |
| Source: | Revista Mario Alario D'Filippo, ISSN 2256-2796, Vol. 9, Nº. 18, 2017, pags. 76-92 |
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| Summary: |
The purpose of this paper is to demonstrate how, through the Case Law Extension mechanism, provided for in Law 1437 of 2011, the discussion about the binding nature of the Administrative Precedent in Colombia can be resolved, in the sense of granting it legal value, based on the recognition of the Extension as a new form of alternative solution of conflicts between the Public Administration and the citizens. It bases on conceiving the Extension as a special petition right that must be answered by the Public Authority in accordance with the guidelines established by the judicial orders issued by the Council of State and the Constitutional Court having resolved some issue uniformly from the factual and legal standpoint. |
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